Neutral Citation No. - 2025:AHC:123165 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6849 of 2025 Applicant :- Rahul Kumar Tripathi Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Arvind Kumar,Mahadeo Singh Chandel,Shyam Sunder Mishra Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. As informed by learned State Law Officer, notice to the informant has been served on 18.02.2025 but none is present on behalf of the informant. 2. Heard Sri Mahadeo Singh Chandel, learned counsel for the applicant and Sri R.P. Patel, learned State Law Officer and perused the record. 3. Applicant seeks bail in Case Crime No. 729 of 2024, under Sections 137(2), 127(2), 65(2) of BNS and Sections 5/6 of POCSO Act, Police Station - Karwi Kotwali Nagar, District - Chitrakoot, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have committed gang rape with the minor daughter of the informant by forcing her into a public toilet on 27.11.2024 at about 08:00 PM and kept her there for several hours. 5. Learned counsel for the applicant has argued that the applicant is innocent and has been falsely implicated in the present case. The FIR is delayed by about 15 hours and there is no explanation of the said delay caused. There is material contradictions in the statement of the victim recorded u/s 183 BNSS to the FIR as the main accused person had fled away. The applicant has nothing to do with the said offence as alleged in the FIR. 6. Learned counsel has further stated that there is no criminal history of the applicant. The applicant is languishing in jail since 29.11.2024. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Per contra, learned State Law Officer has vehemently opposed the bail application on the ground that the medical report of the victim corroborates the prosecution story as her vital part was found bleeding. The victim has categorically nominated the applicant to be the main perpetrator of crime, who had initially raped her and thereafter invited his friends, who also raped her, as such, it is an open and shut case. 8. Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties, nature of offence, evidence on record and also considering the fact that the applicant, who is named in the FIR, along with co-accused person have committed gang rape with the victim coupled by the fact that the medical report of the victim corroborates the prosecution story, I do not find it a fit case to release the applicant on bail. 9. The bail application is, accordingly, rejected. 10. However, it is directed that the aforesaid case pending before the trial court be decided expeditiously, in view of the principle laid down in the recent judgements of the Supreme Court in the cases of Vinod Kumar vs. State of Punjab 2015 (3) SCC 220 and Hussain and Another vs. Union of India (2017) 5 SCC 702, if there is no legal impediment. 11. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date:- 25.7.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad